Webster v. Hunter
Supreme Court of Iowa
Appeal from Fremont Circuit Court. . Action on a judgment rendered by the Circuit Court of •Mercer county, Illinois. In his answer the defendant alleged that the court rendering the judgment had no jurisdiction of his person, because no summons nor original process of any kind had ever been served on him. There was a trial by jury, and verdict and judgment for the defendant. The plaintiff appeals.
1Opinion of the CourtSeevers, J.
There is no recital in the judgment that the court found the defendant had been served with process, nor does it appear he appeared to the action. The judgment was rendered by default. The record was introduced in evidence, and it contained two summonses. The return of the officer thereon showed service on the defendant. What is designated in the record as summons “A,” required the defendant to appear on the second Monday of March, 1859, and answer unto the plaintiff “in a plea of trespass on the case upon promises.” This notice was served, according to the return, on the 16th day of…
2Cases cited2 opinions
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- Lowe v. LoweSupreme Court of Iowa · 1875
3Cited by6 opinions
- Beeman v. KitzmanSupreme Court of Iowa · 1904
- Olds v. OldsSupreme Court of Iowa · 1935
- Green v. Equitable Mutual Life & Endowment Ass'n of WaterlooSupreme Court of Iowa · 1898
- Conley v. DuganSupreme Court of Iowa · 1898
- Tolman v. JansonSupreme Court of Iowa · 1898
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